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NETFILE (AKA WESTCOAST ONLINE INFORMATION SYSTEMS, INC) - 2013
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NETFILE (AKA WESTCOAST ONLINE INFORMATION SYSTEMS, INC) - 2013
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Last modified
3/1/2018 11:57:04 AM
Creation date
9/18/2013 11:53:45 AM
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Contracts
Company Name
WESTCOAST ONLINE INFORMATION SYSTEMS, INC DBA NETFILE
Contract #
N-2013-118
Agency
CLERK OF THE COUNCIL
Expiration Date
7/21/2023
Insurance Exp Date
3/1/2019
Destruction Year
2021
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19. LAW GOVERNING CONTRACT <br />This Agreement shall be governed and interpreted using the laws of the State of California. <br />20. DISPUTE RESOLUTION <br />a. Any controversies or claims between Contractor and City regarding this Agreement must <br />first be put in writing and delivered to the other Party. The Parties will meet in good faith to <br />attempt to resolve the issue in question. If the Parties fail to come to an agreement on the <br />resolution of the issue, the matter must be submitted to mediation within thirty (30) calendar <br />days after the written request for mediation is delivered by one Party. <br />b. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party <br />demanding mediation shall request that the Orange County Superior Court shall appoint a <br />mediator. The mediation meeting shall not exceed one work day [eight (8) hours]. The <br />Parties may agree to extend the time allowed for mediation under this Agreement. <br />c. Mediation under this section is a condition precedent to filing an action in any court. In the <br />event litigation or mediation arises out of any dispute related to this Agreement, the Parties <br />shall each pay their respective attorneys' fees, expert witness costs and cost of suit, <br />regardless of the outcome of the litigation. <br />d. Only after the mediation procedure has failed to resolve a dispute between the Parties may <br />one or both of the Parties file suit in the appropriate civil court. <br />21. VENUE <br />The venue of any suit filed by either Party shall be vested in the state courts of the County of <br />Orange, or if appropriate, in the United States District Court, Central District of California. <br />22. ELECTION OF REMEDIES <br />The pursuit by any Party of any specific remedy shall not exclude any other remedy available to <br />the Party. <br />23. CONFLICT OF INTERESTS <br />This Agreement does not prevent either Party from entering into similar agreements with other <br />parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no <br />City officer, employee or authorized representative has any financial interest in the business of <br />Contractor and that no person associated with Contractor has any interest, direct or indirect, <br />which could conflict with the faithful performance of this Agreement. Contractor is familiar with <br />the provisions of California Government Code Section 87100 and following, and certifies that it <br />does not know of any facts which would violate these code provisions. Contractor will advise <br />City if a conflict arises. <br />6 <br />
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